United States v. Guinn

644 F.Supp.3d 939

UNITED STATES of America, Plaintiff, v. Darrel Dean GUINN, Defendant.

Case No. 22-CR-201-JFH

United States District Court, N.D. Oklahoma

Signed December 5, 2022

Gina Gilmore, Stacey Parnow Todd, Government Attorneys, DOJ-USAO, Tulsa, OK, for Plaintiff.

Lance Boyd Phillips, Oklahoma City, OK, for Defendant.

OPINION AND ORDER

JOHN F. HEIL, III, UNITED STATES DISTRICT JUDGE

Before the Court is a Notification of Intention to Introduce Evidence Pursuant to Federal Rules of Evidence 414, 413 and 404(b) ("Notice") filed by the United States of America ("Government"), as well as a Supplemental Notice with exhibits attached. Dkt. Nos. 25, 31. Defendant Darrel Dean Guinn ("Defendant") has not filed an objection to the Government's Notice. However, pursuant to Benally, the Court must still fully evaluate the evidence and make a clear record of its reasoning before allowing admission. United States v. Benally, 500 F.3d 1085 (10th Cir. 2007). For the reasons stated, the evidence described in the Notice is ADMISSIBLE, IN PART, and INADMISSIBLE, IN PART.

BACKGROUND

I. Procedural Background

Defendant was charged by Indictment filed July 5, 2022 with four counts: (1) Aggravated Sexual Abuse of a Minor Under 12 in Indian Country, in violation of 18 U.S.C. §§ 1151, 1153, and 2241(c); (2) Coercion and Enticement of a Minor in Indian Country, in violation of 18 U.S.C. §§ 1151, 1153, and 2422(b); (3) Abusive Sexual Contact with a Minor in Indian Country, in violation of 18 U.S.C. 1151, 1153, and 2244(a)(3); and (4) Coercion and Enticement of a Minor in Indian Country, in violation of 18 U.S.C. 1151, 1153, and 2422(b). Dkt. No. 2. The Government filed its Notice describing multiple other alleged acts by Defendant that it intends to introduce at trial. Dkt. No. 25. The Government supplemented its Notice with evidence including: a Muscogee Nation Lighthorse Police Report dated August 2, 2021, a witness statement provided by K.L.'s mother dated August 2, 2021, a Sexual Assault Nurse Examiner Report by Brandy Treagesser, R.N. dated August 3, 2021, a DVD audio interview of G.T., and Federal Bureau of Investigation 302 Reports for K.L., L.G., Z.G., M.D.L., L.J.G., M.B., G.T., Z.D.G., and Defendant. Dkt. No. 31. This case is set for trial on January 17, 2023. See Dkt. No. 30.

II. Factual Background

A. Charged conduct

1. Allegations related to K.L.

Defendant allegedly sexually abused his step-daughter, K.L., on three (3) separate occasions when she was ten-or eleven-years-old, between approximately 2020 and 2021. Dkt. No. 25 at 2. K.L. described the alleged abuse in a forensic interview. Id. First, when K.L. was home sick from school Defendant allegedly "pulled down her pants and 'put his dick' in her." Dkt. No. 31-7 at 2-3. When Defendant was finished, he told her not to tell anyone. Id. at 3. Next, in that same timeframe, Defendant allegedly followed K.L. into the bathroom and "touched her 'nipples' with his hands [and] shoved his 'finger in [K.L.'s] butterfly' and was going 'up and down.' " Id. K.L. attempted to get away from Defendant "but he pulled her back and put his 'dick' inside her." Id. Finally, K.L. was in bed in her bedroom when Defendant allegedly entered, "took off her covers, and 'put his face between there' and 'used his tongue to lick' her genitals." Dkt. No. 31-7 at 3-4.

2. Allegations related to L.G.

Defendant allegedly sexually abused and enticed his biological daughter, L.G. Dkt. No. 25 at 2. L.G. disclosed during a forensic interview that when she was fourteen-years-old, in approximately January 2021, Defendant asked her "if he 'could do inappropriate things' to her," describing his question as "sexual." Dkt. No. 31-5 at 2. Another time later that year when L.G. was still fourteen-years-old, she was lying in Defendant's bed watching a movie. Id. at 3. While lying on her side, Defendant allegedly " 'humped' her back while they were both clothed." Id. L.G. stated that she "could feel 'his lower half against [her] rear.' " Id.

3. Allegations related to Z.G.

Defendant allegedly coerced and enticed his biological daughter, Z.G. Dkt. No. 25 at 3. Z.G. disclosed in a forensic interview that in approximately 2020, when she was seventeen-years-old, Defendant propositioned her for sex. Dkt. No. 31-6 at 2. Z.G. told him "it" would never happen. Id. Another time in approximately 2021, Z.G. was lying in bed with L.G and Defendant allegedly "humped L.G. and Z.G." Id. at 3. Z.G. stated that "[s]he could feel his 'lower body' coming into contact with [her] lower backside" and that Defendant was "mov[ing] back and forth." Z.G. further "described his actions as a 'thrust' and reported that [Defendant] used his 'crotch area.' " Id.

B. Other act evidence

The Government plans to present evidence of several other types of conduct under Rules 413/414 and/or Rule 404(b) and as res gestae evidence.

1. Allegations related to M.B.

Between 1998 and 2001, Defendant allegedly sexually abused his biological sister, M.B., when she was between the ages of six and nine-years-old. Dkt. No. 25 at 3. The Government states that M.B. will testify that Defendant "anally raped her . . . ranging from every couple of weeks to monthly" during this timeframe. Id. The Government further states that Defendant admitted in his forensic interview to at least some of the sexual acts with M. B., stating that M.B.'s accounts of what he did were "possible" and that he had seen M.B. in a "top-down view" that he has only ever seen "with other sexual partners." Id.

2. Allegations related to L.J.G.

Defendant allegedly sexually abused his half-sister, L.J.G. when they were juveniles. Dkt. No. 25 at 3-4. The Government states that L.J.G. will testify that Defendant "molested her . . . and that he exposed himself" to her when she was approximately five-years-old and Defendant was approximately thirteen-years-old. Id.

3. Allegations related to G.T.

Defendant allegedly sexually abused his ex-girlfriend G.T. between 2009 and 2018. Dkt. No. 25 at 4. The Government states that G.T. will testify that while dating Defendant, "he would rape her practically 'nightly' " after she had gone to bed. Id.

4. Allegations related to other sexual conduct

Defendant allegedly spoke about his sex life in front of his children and told them that he was "bored and horny" and "incest is best." Dkt. No. 25 at 3. Defendant also allegedly flirted with minors at work, "including making comments about a 14-year-old coworker's breasts." Id. at 4. Finally, Defendant allegedly watched porn in a McDonald's and also masturbated and watched porn in his van while in public. Id.

AUTHORITY AND ANALYSIS

I. Rule 413/414

A. Benally legal standard

The Federal Rules of Evidence generally prohibit "the admission of evidence for the purpose of showing a defendant's propensity to commit bad acts." United States v. Benally, 500 F.3d 1085, 1089 (10th Cir. 2007) (citing Fed. R. Evid. 404(a)). However, "[i]n a criminal case in which a defendant is accused of a sexual assault, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant." Fed. R. Evid. 413(a). "Rule 414(a) contains identical language related to accusations of child molestation." Benally, 500 F.3d at 1090. Because the language and standards are identical, the Court adopts the Tenth Circuit's convention of referencing evidence offered under either of these provisions as "Rule 413/414 evidence." See id.

Rule 413/414 evidence

must meet three threshold requirements before it may be considered for admission . . .

(1) the defendant is accused of a crime involving sexual assault or child molestation;

(2) the evidence proffered is evidence of the defendant's commission of another offense or offenses involving sexual assault or child molestation; and

(3) the evidence is relevant.

Id. Once evidence meets Benally's initial requirements, it is still "subject to the Rule 403 balancing test, which permits the exclusion of relevant evidence, if its probative value is substantially outweighed by the danger of unfair prejudice." Id. (internal quotation marks and citation omitted); see Fed. R. Evid. 403.

B. Benally analysis

Benally first requires a defendant be accused of a crime involving sexual assault or child molestation. For purposes of Rules 413 and 414, sexual assault includes "any conduct prohibited by 18 U.S.C. chapter 109A" and child molestation includes "any conduct prohibited by 18 U.S.C. chapter 109A and committed with a child [under the age of 14]." Fed. R. Evid. 413(d)(1); Fed. R. Evid. 414(d)(1)-(2). Here, Defendant is charged with aggravated sexual abuse of a minor under 12 years old, in violation of 18 U.S.C. § 2241(c), and abusive sexual contact with a minor, in violation of 18 U.S.C. § 2244(a)(3), both of which are within 18 U.S.C. chapter 109A. Dkt. No. 2. The first Benally factor is satisfied.

Benally next requires that the proffered evidence involves other sexual assault or child molestation. In addition to conduct prohibited by chapter 109A, sexual assault or child molestation also includes: contact without consent between any part of a defendant's body and another person's genitals or anus or between a defendant's genitals or anus and any part of another person's body; deriving sexual pleasure or gratification from inflicting death, bodily injury, or physical pain on another person; or an attempt or conspiracy to engage in any such conduct. Fed. R. Evid. 413(d); Fed. R. Evid. 414(d).

The Government alleges Defendant "anally raped" M.B. and "rape[d] [G.T.] practically 'nightly' " both "orally, anally, [and] vaginally." Dkt. No. 25 at 3-4. The conduct related to M.B. and G.T. clearly describes physical contact which falls within chapter 109A's prohibitions. See 18 U.S.C. § 2246.

The other alleged actions in the Notice certainly have sexual connotations, such as Defendant exposing himself to L.J.G.; making sexual comments about underage coworkers; watching porn and...